DUI refusal to submit breathalyzer

[SumtnFancy]

Oh, and it would only end bad for you if you resist. You really think your the first person to say something like that? What a joke.

I would LOVE to test your theory, but fortunately I don't drive impaired. And I promise not to let my parking meter expire in your sector.

 

[Nmathew24]

Was the question not answered 3 pages ago? ....

 

[SumtnFancy]

If somebody raped somebody you cared about, would it be unethical to forcibly take blood or some other sample from the guy that eye witnesses say and evidence strongly indicates was the one that did the act?

If your kids were killed in a school shooting, would you be in favor of the AWB? Leave emotion out of it. Force should never have to be part of the plan. Are you supportive of the cavity searches that have happened recently? What if it is your loser son who OD's? Gotta find those drugs, who cares about someone's RIGHT to their own body! We might as well hand mind-readers installed to prevent crime, we shouldn't have the right to private thoughts if they might be bad.

 

[Kutnupe14]

Thinking that you have the "right" to have 5 guys hold someone down and forcibly remove blood against their will is unethical. I never said drunk driving was Ok at all, just that I don't agree that you can FORCE something like that on people. The personal examples I gave had nothing to do with driving drunk, just a cop on a power trip (same cop both times).

There's a lot you need to learn abiut ethics.

 

[Kutnupe14]

*about

 

[GodFearinGunTotin]

If your kids were killed in a school shooting, would you be in favor of the AWB? Leave emotion out of it. Force should never have to be part of the plan. Are you supportive of the cavity searches that have happened recently? What if it is your loser son who OD's? Gotta find those drugs, who cares about someone's RIGHT to their own body! We might as well hand mind-readers installed to prevent crime, we shouldn't have the right to private thoughts if they might be bad.

What?

Your body is not some sort of get out of jail free card, where you can hide evidence of a crime. The 4th amendment requires due process to execute a search...as long as that process is deliberately followed, my loser son will have to drop trow and you'll have to stick your arm out to take a blood sample.

 

[yeahbaby]

Was the question not answered 3 pages ago?

Thinking that you have the "right" to have 5 guys hold someone down and forcibly remove blood against their will is unethical. I never said drunk driving was Ok at all, just that I don't agree that you can FORCE something like that on people. The personal examples I gave had nothing to do with driving drunk, just a cop on a power trip (same cop both times).

See the first quote. Second quote, appears you have issues with LE.

 

[cook5oh]

Where do you draw the line? Holding people down and forcibly removing blood from their bodies? But it is for the common good of the people though, right? Protecting everyone else? Thugs. It is disgusting. I've been asked to take two breath tests, one when I hadn't even drank and one after a beer and a mixed drink. Not impaired in the least. What if I refused in those cases? Who are you protecting then? Just following orders? Your orders will keep becoming more and more aggressive until YOU are the problem with our country. I like how VUPD tried to throw in the "because I'm a badass" line to mock me. If I was a real badass, I'd put on a uniform with 5 friends and beat the sh*t out of people with a baton who don't do as I say. A judge signed it, so its Ok though, right? What happens in other states where the judges uphold unconstitutional laws and tell those cops to go door to door for guns? I've seen a disturbing trend here, you guys are one-issue voters. Can't take my guns, but can take every other freedom and personal liberty? No thanks. These laws only mean something if they find a group of meatheads who will go in force them. That is an unreasonable search and seizure.

Wow, obviously your just a vengeful hater. You probably dont personally know a single officer, yet you label all of them as nightstick wielding thugs that beat people for no reason. To top it all off, you have no correct facts about constitutional law.

No one forced you to get a license, no one forced you to get drunk, and no one forced you to drive a car. You knew ahead of time about implied consent and yet you decide to drive drunk. You knew ahead of time that your required to consent to a chemical test. After all that you decide to refuse and a judge issues a warrant to obtain the evidence. The very same evidence from which you willfully and on your own free judgement agreed to provide when you decided to operate the vehicle. The officers dont beat the blood out of you, they dont shoot you and let it run out. They use reasonable force (ie holding you down). How exactly is that unreasonable search and seizure?

 

[wolfman]

Thinking that you have the "right" to have 5 guys hold someone down and forcibly remove blood against their will is unethical. I never said drunk driving was Ok at all, just that I don't agree that you can FORCE something like that on people. The personal examples I gave had nothing to do with driving drunk, just a cop on a power trip (same cop both times).

Sorry, but it is not a "right" to have 5 guys hold someone down and forcibly remove the blood, but a duty to enforce the order of the court, who has been given such authority by "you" because of the law you agreed abide by when you filled out the application for your drivers license.

Correct me if I am wrong, but I don't see anything in the IC that says you are giving consent under the following conditions or retain the ability to have any input into the when or how. INAL, but I would hazard a guess that the success rate on using the legal system to get a blood draw taken under duress via a warrant, thrown out is pretty low. Of course one way to get around the IC would be not to get a license in the first place.

 

[cook5oh]

I would LOVE to test your theory, but fortunately I don't drive impaired. And I promise not to let my parking meter expire in your sector.

 

[Kirk Freeman]

Can something be legal, yet unethical?

So, what is unethical about following the Constitution and seeking a search warrant?

Illegal, but ethical?

What is illegal about obtaining a search warrant.

There is a loophole around every amendment

Loophole? A search warrant is explicitly mentioned in the Constitution.

I am at a loss about how one could be upset with the government following the Constitution? I am not tracking, but advise.

 

[Bunnykid68]

IC 9-30-6-1
Chemical test for intoxication; implied consent
Sec. 1. A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana.
As added by P.L.2-1991, SEC.18.



You've already consented to the blood draw. So there is no line to draw.

Not if they don't have DL.....

 

[Bunnykid68]

I go home after a shift and look in the mirror, and i'm happy I get to make a difference. When you've seen innocent people killed from drunk driving, its pretty easy to call it "ethical" taking drunks off the road. No one forced you to get a drivers licenses. You consented when you made the choice to get a drivers license.

Oh, and it would only end bad for you if you resist. You really think your the first person to say something like that? What a joke.

I disagree. We were all forced to get a license if we wanted to be able to move around freely by whatever means we can afford.

 

[Bunnykid68]

If your kids were killed in a school shooting, would you be in favor of the AWB? Leave emotion out of it. Force should never have to be part of the plan. Are you supportive of the cavity searches that have happened recently? What if it is your loser son who OD's? Gotta find those drugs, who cares about someone's RIGHT to their own body! We might as well hand mind-readers installed to prevent crime, we shouldn't have the right to private thoughts if they might be bad.

What on God's green earth does collecting evidence of murder have to do with an assault weapons ban?

 

[SumtnFancy]

So, what is unethical about following the Constitution and seeking a search warrant?



What is illegal about obtaining a search warrant.



Loophole? A search warrant is explicitly mentioned in the Constitution.

I am at a loss about how one could be upset with the government following the Constitution? I am not tracking, but advise.

I'm typing sentences on a phone that keeps dying. My argument is broader than what I have been able to get out so far. I'm not really sure it is coming out the way I intended, especially not to you. I'm really not trying to rock the boat, just saying I dont agree that it is right.

 

[VUPDblue]

Ok so the gist is that you don't think that obtaining evidence of intoxication (blood/breath) is correct or ethical if the subject simply refuses to allow the evidence to be collected. Do I have that part right? And you also believe that a search warrant, based on Probable Cause and signed by a judge, still makes forced collection of said evidence unethical. Do I have that part right as well?

 

[phylodog]

Ok so the gist is that you don't think that obtaining evidence of intoxication (blood/breath) is correct or ethical if the subject simply refuses to allow the evidence to be collected. Do I have that part right? And you also believe that a search warrant, based on Probable Cause and signed by a judge, still makes forced collection of said evidence unethical. Do I have that part right as well?

You forgot the part about all cops being thugs.

 

[Bunnykid68]

You forgot the part about all cops being thugs.

I was just getting ready to cover that. I got side tracked with all the other stuff. I am a busy man after all.

Side note-grill still works great

 

[VUPDblue]

I figured it just went without saying.

 

[Bunnykid68]

I figured it just went without saying.

That's why I don't say it all that much anymore, it's a gimme